HB 1363 2024
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F L O R I D A H O U S E O F R E P RE S E N T A T I V E S
A bill to be entitled 1
An act relating to traffic enforcement; creating s. 2
316.0077, F.S.; providing that provisions exempting 3
the purchase of commodities or contractual services 4
from competitive bidding requirements do not apply to 5
contracts for certain camera systems; creating s. 6
316.0078, F.S.; prohibiting certain camera systems or 7
components thereof constructed by a Chinese 8
manufacturer from being used for traffic enforcement 9
in this state; amending s. 316.0083, F.S.; requiring a 10
county or municipality to enact an ordinance t o 11
authorize placement or installation of traffic 12
infraction detectors; requiring the county or 13
municipality to consider certain evidence and make a 14
certain determination at a public hearing; requiring a 15
county or municipality to place a specified annual 16
report on the agenda of a regular or special meeting 17
of its governing body; requiring approval by the 18
governing body at a regular or special meeting before 19
contracting or renewing a contract to place or install 20
traffic infraction detectors; providing for pub lic 21
comment; prohibiting such report, contract, or 22
contract renewal from being considered as part of a 23
consent agenda; providing requirements for a written 24
summary of such report; requiring a report to the 25
HB 1363 2024
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F L O R I D A H O U S E O F R E P RE S E N T A T I V E S
Department of Highway Safety and Motor Vehicles; 26
prohibiting compliance with certain provisions from 27
being raised in a proceeding challenging a violation; 28
providing for suspension of a noncompliant county or 29
municipality from operating traffic infraction 30
detectors until such noncompliance is corrected; 31
requiring the department to publish certain reports on 32
its website; providing an effective date. 33
34
Be It Enacted by the Legislature of the State of Florida: 35
36
Section 1. Section 316.0077, Florida Statutes, is created 37
to read: 38
316.0077 Camera systems; competitive bidding. —The 39
provisions of s. 287.057 which exempt the purchase of 40
commodities or contractual services from competitive bidding 41
requirements do not apply to contracts entered into with 42
manufacturers or vendors of school bus infraction detectio n 43
systems, speed detection systems, traffic infraction detectors, 44
or any other camera systems used for enforcing this chapter 45
which are regulated under s. 316.0076. 46
Section 2. Section 316.0078, Florida Statutes, is created 47
to read: 48
316.0078 Use of camera systems constructed by Chinese 49
manufacturers prohibited. —A school bus infraction detection 50
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F L O R I D A H O U S E O F R E P RE S E N T A T I V E S
system, speed detection system, traffic infraction detector, or 51
any other camera system used for enforcing this chapter which is 52
regulated under s. 316.0076, or any component thereof, which is 53
constructed by a Chinese manufacturer or a domestic or 54
international manufacturer that uses materials imported from 55
China may not be used for traffic enforcement in this state. 56
Section 3. Subsection (4) of section 316.0 083, Florida 57
Statutes, is amended to read: 58
316.0083 Mark Wandall Traffic Safety Program; 59
administration; report. — 60
(4)(a)1. A county or municipality must enact an ordinance 61
in order to authorize the placement or installation of, or to 62
authorize contracting with a vendor for the placement or 63
installation of, one or more traffic infraction detectors to 64
enforce s. 316.074(1) or s. 316.075(1)(c)1. As part of the 65
public hearing on such proposed ordinance, the county or 66
municipality must consider traffic data or other evidence 67
supporting the installation and operation of each traffic 68
infraction detector, and the county or municipality must 69
determine that the intersection at which a traffic infraction 70
detector is to be placed or installed constitutes a heightene d 71
safety risk that warrants additional enforcement measures. 72
2. A county or municipality that operates one or more 73
traffic infraction detectors must annually report the results of 74
all traffic infraction detectors within the county's or 75
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F L O R I D A H O U S E O F R E P RE S E N T A T I V E S
municipality's jurisdiction as a single reporting item on the 76
agenda of a regular or special meeting of the county's or 77
municipality's governing body. Before a county or municipality 78
contracts or renews a contract to place or install one or more 79
traffic infraction detectors , the county or municipality must 80
approve the contract or contract renewal at a regular or special 81
meeting of the county's or municipality's governing body. 82
a. Interested members of the public must be allowed to 83
comment regarding the report, contract, or contract renewal 84
under the county's or municipality's public comment policies or 85
formats, and the report, contract, or contract renewal may not 86
be considered as part of a consent agenda. 87
b. The report required under this subparagraph must 88
include a written summary, which must be read aloud at the 89
regular or special meeting, and the summary must contain, for 90
the preceding year, the number of notices of violation issued, 91
the number that were contested, the number that were upheld, the 92
number that were dism issed, the number that were issued as 93
uniform traffic citations, and the number that were paid and how 94
collected funds were distributed and in what amounts. The county 95
or municipality must report to the department that the county's 96
or municipality's annual report was considered in accordance 97
with this paragraph, including the date of the regular or 98
special meeting at which the annual report was considered. 99
3. The compliance or sufficiency of compliance with this 100
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paragraph may not be raised in a proceeding challenging a 101
violation of s. 316.074(1) or s. 316.075(1)(c)1. enforced by a 102
traffic infraction detector. 103
4. A county or municipality that does not comply with this 104
paragraph is suspended from operating traffic infraction 105
detectors under this subsection until such noncompliance is 106
corrected. 107
(b)(a) Each county or municipality that operates a traffic 108
infraction detector shall submit a report by October 1, 2012, 109
and annually thereafter, to the department which details the 110
results of using the traffic infraction detector and the 111
procedures for enforce ment for the preceding state fiscal year. 112
The information submitted by the counties and municipalities 113
must include statistical data and information required by the 114
department to complete the summary report required under 115
paragraph (c) (b). The department must publish each report 116
submitted by a county or municipality pursuant to this paragraph 117
on its website. 118
(c)(b) On or before December 31, 2012, and annually 119
thereafter, the department shall provide a summary report to the 120
Governor, the President of the Senate, and the Speaker of the 121
House of Representatives regarding the use and operation of 122
traffic infraction detectors under this section, along with the 123
department's recommendations and any necessary legislation. The 124
summary report must include a review of the information 125
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F L O R I D A H O U S E O F R E P RE S E N T A T I V E S
submitted to the department by the counties and municipalities 126
and must describe the enhancement of the traffic safety and 127
enforcement programs. 128
Section 4. This act shall take effect July 1, 2024. 129